eBook details
- Title: Crowe v. Public Building Commission
- Author : Supreme Court of Illinois
- Release Date : January 04, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This action was filed in the circuit court of Cook County by Marcy S. Crowe, individually and as administrator of the estate of her husband. The action sought damages against numerous defendants for the injury and resultant death of her husband on September 20, 1973. The complaint contained three counts. The only count at issue here is count III, which alleged, among other things, that Arrow Contractors Equipment Company (Arrow) was engaged in the business of leasing equipment and that it leased a defective scaffold (characterized as a hoisting tower), which defective product proximately caused the fatal fall of her husband. Arrow moved to dismiss on the basis that it had sold the hoisting tower and assigned its lease to Southeastern Tower and Equipment Company as part of a bulk sale of equipment on July 12, 1973. Arrow asserted in its motion to dismiss that, on the date of the accident, it was merely a former owner and lessor; that any liability which it may have had as owner and lessor of the tower had been transferred, by virtue of the sale, to Southeastern. The trial court granted Arrow's motion to dismiss and expressly found no just reason for delaying enforcement of its dismissal order. Pursuant to Rule 304(a) (58 Ill.2d R. 304(a)), plaintiff appealed the order. The appellate court, in a majority decision, reversed. (54 Ill. App.3d 699.) We granted Arrow leave to appeal.